Allahabad High Court
Nagendra Mani Mishra (In Wria ... vs State Of U.P. Thru. Prin. Secy. ... on 13 May, 2022
Bench: Devendra Kumar Upadhyaya, Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- SPECIAL APPEAL No. - 199 of 2022
Appellant :- Nagendra Mani Mishra (In Wria No.-14033 Of 2020)
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Edu. Lko. And Others
Counsel for Appellant :- Ram Raj Ojha,Pallavi Vatsala
Counsel for Respondent :- C.S.C.,Durga Prasad Shukla,Raj Kr Singh Suryvanshi
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Subhash Vidyarthi,J.
Heard Ms. Bulbul Godiyal, learned Senior Advocate assisted by Mr. Ram Raj Ojha, learned counsel for the appellant-petitioner, learned Standing Counsel for the State-respondent nos.1 to 3, Mr. Raj Kumar Singh Suryavanshi, learned counsel representing the Uttar Pradesh Secondary Education Services Selection Board and Mr. Neeraj Chaurasiya, learned counsel representing the respondent no.6.
Though by means of the instant special appeal challenge has been made to the judgment and order dated 19.04.2022, passed by learned Single Judge whereby Writ-A No.14033 of 2020 filed by the appellant-petitioner was dismissed and Writ-A No.23840 of 2020 filed by the respondent no.6 was allowed, however, learned Senior Advocate appearing on behalf of the petitioner confines her prayer for issuing a direction to the Committee of Management of the institution concerned permitting the petitioner to work on another post in the institution which according to her is vacant.
We have considered the submissions made by learned counsel representing the respective parties and also perused the judgment and order under challenge herein.
The appellant-petitioner is said to have been appointed on ad-hoc basis as Trained Graduate Teacher (Mathematics) in the institution namely Muneshwar Dutt Inter College, Mandhata, Pratapgarh. The judgment and order passed by Hon'ble Apex Court in the case of Sanjay Singh and others Vs. State of U.P. and others; Civil Appeal No.8300 of 2016 provides that all the ad-hoc appointments made in the aided institutions in the State of Uttar Pradesh shall cease to exist once regularly selected candidate is available. By the said judgment, the Hon'ble Supreme Court also provided that ad-hoc appointees shall be permitted to participate in the regular selection and for the said purposes certain weightage shall also be made available to them.
In the instant case so far as the appellant-petitioner-Nagndra Mani Mishra is concerned, admittedly he did not participate in the selection process which was conducted in terms of the judgment rendered by Hon'ble Supreme Court in the case of Sanjay Singh (supra).
Now the respondent no.6-Pradeep Kumar having been selected by the Selection Board has been placed to be appointed in the institution concerned and since appointment order was not being issued, he instituted Writ-A No.23840 of 2020 which was connected with Writ-A No.14033 of 2020 filed by the appellant-petitioner.
Learned Single Judge noticing all the aforesaid facts has dismissed the writ petition filed by the appellant-petitioner and has allowed the writ petition filed by the respondent no.6, meaning thereby that the appellant-petitioner-Nagendra Mani Mishra would now not be permitted to remain employed with the institution concerned; rather the appointment order is to be issued by the Committee of Management for the reason that respondent no.6-Pradeep Kumar has been placed to be appointed in the institution having been regularly selected by the Selection Board.
Learned Senior Advocate representing the appellant-petitioner has submitted that two posts, other than the post against which the appellant-petitioner-Nagendra Mani Mishra was working and now the respondent no.6 has been placed, are vacant in the institution, as such a direction may be issued to the Committee of Management and other authorities to allow continuance of the appellant-petitioner in ad-hoc capacity on either of the vacant posts.
Such a direction, in our considered opinion would run contrary to the mandate of Hon'ble Apex Court in the case of Sanjay Singh (supra).
We are thus not convinced with the prayer made by learned Senior Advocate appearing on behalf of the appellant-petitioner.
The special appeal is thus dismissed.
.
(Subhash Vidyarthi, J.) (Devendra Kumar Upadhyaya, J.)
Order Date :- 13.5.2022
Ram.
